Smt. Saroj Kumdar vs The State Of Madhya Pradesh
2021 Latest Caselaw 7921 MP

                                                                         1                         MCRC-56531-2021
                                            The High Court Of Madhya Pradesh
                                                    MCRC No. 56531 of 2021
                                                    (SMT. SAROJ KUMDAR Vs THE STATE OF MADHYA PRADESH)


                                    Jabalpur, Dated : 29-11-2021
                                           Shri Manish Datt, learned Senior Advocate with Shri N.P. Varma,

                                    learned counsel for the applicant.
                                           Shri Tapan Bathre, learned Panel Lawyer for the respondent/State.

Case diary is available.

This is first application under Section 438 of CrPC for grant of

anticipatory bail.

T h e applicant apprehends her arrest in Crime No.825/2021 registered by Police Station Kotwali Sidhi, District- Sidhi (M.P.) for offence punishable under Sections 304-B & 498-A of IPC and Section 3/4 of the Dowry Prohibition Act, 1961.

It is alleged that the applicant is the mother-in-law of deceased Pooja who had committed suicide by consuming poison.

It is submitted that as per the prosecution story, there are omnibus allegations against the present applicant for causing harassment and demand

of dowry. Learned counsel for the applicant has placed reliance upon a judgment passed by the Apex Court in the case of Kans Raj vs. State of Punjab reported in AIR 2000 SC 2324 wherein it is held that a tendency has been developed for roping all relatives and in-laws of the deceased wives in the matter of dowry death, which is required to be discouraged. He is ready to abide by all the terms and conditions that may be imposed by this Court while granting anticipatory bail. The husband of the deceased is already in custody. On these grounds, he prays for granting anticipatory bail to the applicant.

Per contra, counsel appearing for the State has opposed the application stating that there are allegations against the present applicant. A phone call was received a day before the incident called by deceased Pooja to her Signature Not Verified SAN mother pointing out harassment and demand of dowry made by all the Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2021.11.30 14:42:06 IST 2 MCRC-56531-2021 accused persons and in the next date she consumed poison and has passed away. There is statement recorded under Section 161 of Cr.P.C. which also discloses the fact that there are allegations against all the accused persons, but he fairly admits that there is no specific allegation against the present applicant, who is a mother-in-law of the deceased and the factum that

husband of the deceased is already in custody is not disputed by learned counsel for the State.

Heard the learned counsel for the parties and perused the case diary. Considering the overall facts and circumstances of the case and without commenting upon the merits of the case, this Court deems it appropriate to allow this application for grant of anticipatory bail. In the event of arrest, the applicant is directed to be released on bail on furnishing a local surety bond in the sum of Rs.50,000/-(Rs. Fifty Thousand only) with one local solvent surety in the like amount to the satisfaction of Arresting Officer.

The applicant is directed to mark her presence before the concerning Police Station in first week of every month and is directed to cooperate in investigation. In case of failure to cooperate, the bail granted by this Court shall stand rejected automatically.

This order will remain operative subject to compliance of the following conditions by the applicant :-

1. The applicant/s will comply with all the terms and conditions of the bond executed by him;

2. The applicant/s will cooperate in the investigation/trial, as the case may be;

3 . The applicant/s will not indulge himself/themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/her/him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 . The applicant/s shall not involve any other offence, in case the

Signature Not Verified SAN applicant/s indulge in any other criminal case the benefit of bail as extended

Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2021.11.30 14:42:06 IST 3 MCRC-56531-2021 by this Court shall automatically cancelled.

5. The applicant/s will not seek unnecessary adjournments during the trial;

6. The applicant/s will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7 . The applicant/s will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.

Application stands allowed and disposed of.

Certified copy as per rules

(VISHAL MISHRA) JUDGE

sj

Signature Not Verified SAN

Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2021.11.30 14:42:06 IST